RETURNS OF RWANDAN AND BURUNDI REFUGEES IN THE

C O N F I D E N T I A L STATE 062420


KAMPALA FOR REFCOORD
GENEVA FOR RMA
USEU FOR FRANCIS

E.O. 12958: DECL: 06/15/2019
TAGS: PREF RW BY UG
SUBJECT: RETURNS OF RWANDAN AND BURUNDI REFUGEES IN THE
GREAT LAKES

REF: KIGALI 353

Classified By: PRM/AFR DIRECTOR MCKELVEY FOR REASON 1.4(D)


1. (U) This is an action request. Please see Paragraphs
4-6.

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ISSUE
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2. (C ) Issue: Department is concerned that in the current
process of returning and reintegrating Burundi and Rwandan
refugees in the Great Lakes, international refugee principles
of access to an asylum claim process, non-refoulement
(forcible return of a refugee to a place where his/her life
or freedom would be threatened),and voluntary return in
safety and dignity are being compromised or ignored. While
the Department is eager to see durable solutions for both
protracted refugee caseloads and while we believe that
Burundi and Rwandan refugees no longer have a claim to prima
facie refugee status (i.e., a sort of group status without
individualized determinations),it is critical that refugees
be treated in compliance with international law. The May
return of 1,500 Burundi refugees from Rwanda ahead of the
agreed-upon date for camp closure and the June 2 forced
return of 444 Burundi from Rwanda are cause for concern.


3. (C) The safe and voluntary return of refugees is a
prolific problem in the Great Lakes Region. In particular,
as return and reintegration of DRCongolese refugees proceed
where and when security permits, we would not like to see
some of these problems repeated.

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ACTION REQUESTS
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4. (SBU) For Embassy Kigali: Our objectives are to protest
the likely forced return of Burundi refugees, to ensure that
return of Rwandans in Uganda is on a voluntary basis, and to
forestall any move to return DRCongolese refugees before
security is restored in their home areas. Post is requested
to raise the following points as it demarches GOR officials
as outlined in reftel:

-- Express gratitude to the GOR on its commitment to hosting
refugees, particularly nearly 53,000 DRCongolese camp-based
refugees that hail from areas of ongoing instability (mainly
the Kivus).

-- Express concern that the repatriation of 2,000 Burundi
refugees (concluded June 2) was abrupt and an apparent case
of refoulement with respect to the final group of 444. While
the USG is eager to see durable solutions for this caseload,
remind the GOR of its obligations under the 1951 Convention
Relating to the Status of Refugees and the OAU 1969
Convention on same. Repatriation must be voluntary. It
would have been good for the GOR to work closely with UNHCR
to ensure that the return operation was dignified and that
refugees not yet willing to return were offered an
alternative (perhaps formal local integration or a move to
another camp) and individualized refugee status
determinations.

-- Remind the GOR that the return of Rwandan refugees from
Uganda must also be voluntary, safe, and dignified. Express
concern that it appears from UNHCR reporting that the GOR is
not currently prepared to provide adequate reintegration
support in the form of land and social services. There is
great risk in repatriating refugees without sufficient
capacity to absorb them. We hope that the GOR will exercise
caution and patience as it moves forward with this operation.
We will also be discussing this situation with the
Government of Uganda, stressing that any refugees who do not
desire to repatriate are to be afforded a hearing of their
continuing asylum claim.


5. (SBU) For Embassy Dar: Our objectives are to prevent
any intimidation and forcible return of the Mtabila refugees
and to support alternative temporary arrangements for new
caseload Burundi refugees who remain after the official
closure of Mtabila Camp on June 30. Post is requested to
raise the following points:

-- Express gratitude to the GOT on its commitment to hosting
refugees for decades, and particularly its recent decision to
give old caseload Burundi refugees another chance to avail
themselves of Tanzanian citizenship and permanent residence.

-- Urge patience and a humane approach to the upcoming
official closure of Mtabila, finding another temporary
location/solution for the remaining new caseload Burundi
while further solutions are elaborated.

-- Review candidly the concerns being raised by some
humanitarians, noting that we do not find camp closure to be
illegal as some are charging, noting that we believe most
Burundians by and large would not have a good claim to
continued refugee status, and noting that we believe
everyone,s best interests would be served by ensuring that
there is an asylum claim process in place and avoiding any
use of force that would tarnish Tanzania,s image.


6. (SBU) For Embassy Bujumbura: Given our objectives as
above, we would like to see the GOB engage more assertively
with its neighbors on voluntary return of its nationals in
safety and dignity. Post is requested to raise the following
points:

-- Express sympathy for the enormous challenge that
Burundi has in reintegrating so many refugees and internally
displacedpeople.

-- Urge the GOB to engage more affirmatively with the
GOT on a humane closure of the Mtabila Camp, recommending that,
given the postponement of the next tripartite meeting from this
month to September, the GOB reach out urgently to its Tanzanian
counterparts.

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BACKGROUND
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7. (SBU) Rwanda is both a refugee hosting and producing
country. Until a few weeks ago there were just over 55,000
refugees in Rwanda including 52,500 DRCongolese and 2,600
Burundi refugees. The Congolese refugees reside primarily in
three camps, Kiziba, Gihembe and Nyabiheke and the Burundi
were mainly in Kigeme Camp in the southwest. There are about
1,800 urban refugees including from Congo, Burundi, and other
countries in the region. In recent years Rwanda has
generally been a good host to refugees, but the Government of
Rwanda (GOR) has a mixed track record, having periodically
threatened or acted to send refugees home against their will
and having pressured neighboring countries to forcibly return
Rwandan refugees (in some cases even sending vehicles and
soldiers to effect the returns).


8. (C) As outlined in reftel, in recent weeks, the GOR has
used some strong persuasion, bordering on intimidation, and
finally outright force at gunpoint to empty the Kigeme Camp
of its final 444 inhabitants. Between May 18 and 28 four
convoys with a total of 1,513 Burundi refugees returned from
Rwanda including 212 who are unable to reclaim their land as
of yet. The final group of 444 were forcibly returned from
Kigeme June 2 without involvement of either UNHCR/Burundi or
UNHCR/Rwanda.


9. (SBU) There are an estimated 65,000 Rwandan refugees still
in neighboring countries with the largest caseloads in Uganda
and the DRC (20,000 each) followed by the Republic of Congo
(some 7,000) and Malawi and Zambia (about 4,000 in each). In
Uganda, the Rwandan refugees receive protection from the GOU
and UNHCR but are essentially self-reliant by farming and
participating in the local economy. The GOR and the
Government of Uganda have agreed to repatriate an estimated
20,000 Rwandan refugees from settlements in southwestern
Uganda despite refugees, stated fear of returning.
(Comment. Those who may fear returning because of crimes
they committed during the genocide would not be entitled to
refugee status, but reaching a judgment on their guilt or
innocence is not easy.) While UNHCR was part of tripartite
discussions on the Uganda-Rwanda operation, its concerns were
all but ignored. The voluntary nature of this operation is
questionable -- UNHCR in Uganda reports that refugees are
leaving the settlements in some cases to avoid being returned
-- as is the GOR,s capacity to absorb the returnees in a
manner that is dignified and durable.


10. (SBU) Burundi is also both a refugee hosting and
producing country. Some 28,000 DRCongolese and 300 Rwandan
refugees are found in four camps and in big towns. Some
500,000 Burundi refugees have returned since 2002 when enough
peace and political settlement allowed the most recent
organized returns to begin. There remain over 225,000
Burundi refugees (primarily old caseload from the 1972 era
massacres) primarily in Tanzania where some 165,000 are
slated to become citizens and remain permanently. The last
camp for newer (1993 on) Burundi refugees -- Mtabila -- is
slated to be closed June 30 according to Government of
Tanzania (GOT) plans which were accepted in the context of
the December 2008 tripartite meeting among the GOT,
Government of Burundi (GOB),and UNHCR. UNHCR anticipates
that at least 10,000 Mtabila Camp refugees will not have
elected to go home and will need to be accommodated --
temporarily -- in another camp in western Tanzania. UNHCR
also anticipates that the GOT will ultimately agree to the
continued presence of new caseload Burundi refugees. A
number of humanitarians, however, fear that the GOT will use
force to push all of the refugees to return, citing refugee
reports that GOT military have threatened to send them home
at gunpoint. Despite its overall exemplary record as a
refugee host, the GOT brutally expelled some Burundi refugees
in the 1980s and pushed Rwandan refugees out after the 1994
genocide was finished there, which heightens advocates, fear
that the present situation could turn ugly at the end of the
month. UNHCR/Tanzania has said that it would welcome our
reinforcing the message that returns should be voluntary and
in safety and dignity.


11. (C) A common theme here is Government of Burundi
weakness, in the face of its more forceful neighbors, to
advocate effectively for the most humane treatment for its
nationals. While the densely-populated Burundi was once the
third largest source of refugees in the world and is
struggling with the reintegration of so many returning
refugees -- already "peace villages" are being set up for
those who cannot get access to any land -- the GOB does not
want to send a signal that exiles are not welcome to return,
or that the country is not at peace and ready for
international investment that will help it develop.
Moreover, Burundi does not hold many cards in dealing with
its more forceful neighbors. It would be useful nevertheless
for the GOB to add its voice to the appeals to the GOT for
humane, orderly, and even gradual returns.


12. (SBU) The GOR is eager to see UNHCR invoke the
cessation clause (of the Geneva and OAU Conventions) by which
Rwandan refugees would no longer have prima facie status.
The Department would support invocation of the clause for
Rwandans (and also for Burundi) and has encouraged UNHCR to
do so, stressing that even with cessation, the right to
individual refugee status determinations is to be maintained.
Of course no condition permits violation of refugees, basic
human rights.


CLINTON